Archives for November 2014

Adoption Incentives Bill Enacted by Congress

President Signs Preventing Sex Trafficking and Strengthening Families Act

On September 29, 2014, President Obama signed into law the Preventing Sex Trafficking and Strengthening Families Act, a statute that limits long-term foster care, provides measures for monitoring failed adoptions, and offers restructured adoption incentives.

Under the Adoption and Safe Families Act of 1997, Congress created what is alternatively known as OPPLA (Other Planned Permanent Living Arrangements) or APPLA (Another Planned Permanent Living Arrangement). Under this process, child welfare agencies maintain care and custody of a child in foster care who is not expected to be adopted before adulthood. OPPLA or APPLA was only supposed to be a last resort, but studies showed as many as 10 percent of foster children were targeted for OPPLA or APPLA.

Under the new law, APPLA will only be available to children over the age of 15. In addition, case workers will be required to show they have made “unsuccessful efforts” to find another permanent living situation.

The new law mandates that states track finalized adoptions, and that they report to HHS any disruptions to adoptions or guardianships. The law also requires that states spend at least 30% of the funds they receive through HHS on post-adoption and post-guardianship services.

The new law also restructures the payments that states receive for foster care and adoptions. States can receive from $4,000 to $10,000 per child, based on the outcome:

$4,000 for guardianship placements
$5,000 for adoptions of children under the age of nine
$7,500 for guardianship or adoption placements of children between nine and 14
$10,000 for guardianship and adoption placements of children over the age of 14

Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.

Getting Support When You Have an Adopted Child Who is Acting Out

Strategies When Your Adopted Child Acting Out

When you’ve built a family through adoption, you can have concerns about your adopted child’s interactions with you and other family members. It can be particularly distressing when the child starts acting out, engaging in behaviors clearly designed to either get attention or to annoy you.

Why Kids Act Out

All kids act out at some point. The tendency can be greater in adopted children, though, especially those who are adopted after infancy.

Most experts attribute acting out to an attempt to non-verbally get others to feel what the child is feeling. Adopted children can often feel shame, anger, fear or resentment because of the unstable nature of their early lives, or because of their loss of connection with former caregivers. Because they lack the cognitive skills or the verbal acuity to explain those feelings, they try to convey them to others the best way they know how—through their behavior and actions. A child who deliberately does things that he or she knows will make you angry is likely saying to you “I’m angry. I may not know why and I don’t know how (or don’t want) to tell you.”

When your child starts to act out, it’s important to remember a few things:

Acting out is one of the ways your adopted child tests the commitment of your family—Especially if your child feels abandoned, acting out is likely a test to see whether (and at what point) you will abandon them, too.
Acting out is better than doing nothing at all—When your child is feeling angry, ashamed, afraid or abandoned, one of the worst things they can do is hold it all inside. Acting out is generally a good sign, an indication that your child is trying to express a deep emotion. Acting out is typically the first step toward confronting and healing the hurt your child feels.

Adoption Attorneys in New Jersey

State Laws Related to Adoption

Pennsylvania State Laws Related to Adoption

There are federal laws that establish standard with which state adoption laws must comply. If you are considering an international adoption, you will have certain international laws that govern the process. But every state has its own adoption laws and Pennsylvania is no exception. Here are some of the more important laws.

Who Can Adopt or Be Adopted?

In Pennsylvania, anyone can adopt—you must, however, have an approved family profile, or home study. The home study is prepared by an adoption agency and customarily includes a visit to your home, a background check (to confirm employment, character and criminal history), and interviews with family members. The home study is also used to match you with a child.

There are no restrictions, either, on who may be adopted, except that consent must be obtained in the following circumstances:

If the adoptee is under the age of 18, the adopting parents must obtain the permission of the adoptee’s parents
The husband of the birth mother, if he was married to the birth mother within one year before the birth of the child
The adoptee, if he or she is over the age of 12
The guardian of the adoptee, if parental rights have been terminated or there are no parents whose consent is required
The spouse of the adopting parent, unless both parents are parties to the adoption

A person over the age of 18 may be legally adopted. If so the court has the discretion to determine whether any special consent is required.

Confidentiality of Adoption Proceedings

As a general rule, all adoption recordings and any documents related to the adoption are sealed and may not be reviewed except upon court order. If the adoptee is at least 18 years of age, he or she may request information about birth parents, provided the information does not reveal the identity of birth parents. If the child is not 18, his or her parents may ask the court for information that does not disclose the identity of birth parents. However, the birth parents still have absolute discretion to disclose or not disclose information.

Adoption Attorneys in New Jersey

Overcoming Attachment Issues in Adopted Children

When you adopt a child, your hope is always that the child will fully integrate with your family, bonding and becoming one of your own. Unfortunately, many adopted children experience problems with attachment, often as a result of not having the opportunity to bond with a stable and significant caregiver.

Some of the Characteristics of Attachment Disorder

Though every child manifests attachment disorder in different ways, there are some common types of behaviors that are typically indicative of an attachment problem:

With younger children, destructive acts may signal a lack of attachment. Your child may see no cause and effect between the destruction of a toy and the loss of a toy. A small child may not understand the components of a healthy relationship, such as hugs, acts of kindness or compassion, or sharing. A child may be unwilling to make eye contact, or may be demanding or clingy.
As children with attachment issues age, they tend to develop behaviors that benefit them at the expense of meaningful relationships. They may engage in stealing or lying, or may develop the ability to turn a charm off and on. They may also start to exhibit controlling or manipulative behavior with siblings or playmates. They seldom show remorse for their actions, and tend to make the same mistakes over and over. Additionally, they rarely, if ever, seek comfort when they have been hurt or are afraid.

Some Strategies for Parenting a Child with Attachment Issues

The most important thing to understand when living with and parenting a child with attachment issues is that there are no short-term solutions, no quick fixes. You need to have realistic expectations, and you need to expect that it will take a long time for the bond to develop, if it ever does. In most instances, with time, patience and hard work, attachment disorders can be healed. There will be times when it feels like no progress is being made. Those are the times you have to maintain a positive focus and keep moving forward.

Love is key—With small children, who don’t have verbal skills, hug them and physically express love and affection as often as possible, even if there’s little or no response or the response is negative.
Use humor and express joy as much as possible—Laughter is good medicine, and it’s always beneficial to show your child what it’s like to be joyful. In addition to injecting joy and laughter into your work with your child, find external sources of joy and laughter, so that you can stay emotionally and physically healthy.
Be patient and find ways to minimize your stress—Your child will demand a lot of your time. Give up other activities if they only serve to increase your stress level.
Seek support whenever you need it—Build a network of friends, family members and professionals who can guide you through the difficult times.

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Phone: (856) 429-5005

Woodbury, NJ Office

Phone: (856) 845-2555

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Phone: (215) 563-2150